Last updated: August 4, 2026
Florida Landlord-Tenant Laws 2026: Complete Guide + Forms
Florida’s landlord-tenant law (Chapter 83, Part II) gives landlords significant flexibility: no state rent control, no statutory cap on security deposits, and one of the fastest eviction timelines in the country. But the rules you must follow — deposit account notices, radon disclosures, and strict notice requirements — carry real penalties if you get them wrong.
Key Takeaways
- NO state rent control — Florida Statutes §166.043 preempts all local rent control ordinances
- Security deposits: no statutory limit on amount, but must hold in a separate FL bank account (§83.49)
- 15 days to return deposit (no deductions) or 30 days to send written notice of intent to claim
- Must notify tenant within 30 days of receiving deposit: bank name, address, interest-bearing or not
- Eviction: 3-day notice for nonpayment (excludes weekends/holidays), ~30 days uncontested
- Required disclosures: radon gas (§404.056), lead paint (pre-1978), deposit account info (§83.49(2))
FL Residential Landlord-Tenant Act Overview
Florida’s residential landlord-tenant relationship is governed by Chapter 83, Part II of the Florida Statutes (§§83.40–83.683). The Act applies to all residential rental agreements in Florida, whether written or oral, except for transient rentals (hotels), public housing governed by federal law, and agricultural labor camps.
Key characteristics that distinguish Florida from other states:
- Landlord-favorable: No rent control, no relocation assistance requirements, no just-cause eviction mandates
- Fast eviction process: Uncontested evictions can complete in approximately 30 days
- Deposit flexibility: No cap on security deposit amounts (market-driven)
- Written lease not required: Oral agreements are enforceable for terms under one year
- Preemption: State law preempts local governments from imposing rent control or additional landlord regulations beyond the statute
Florida Statutes Chapter 83, Part II — Residential Tenancies. Last verified against the Florida Legislature database on August 4, 2026.
No Rent Control in Florida
Florida Statutes §166.043 explicitly prohibits municipalities and counties from adopting any ordinance or resolution that would impose rent control or rent stabilization on private residential properties. This preemption is among the strongest in the country.
What this means for landlords: You can set rent at any amount and raise rent by any amount with proper notice. There are no caps on annual increases, no percentage limits, and no mandatory justification requirements.
Rent Increase Notice Requirements
| Tenancy Type | Notice Required | Statute |
|---|---|---|
| Month-to-month | 15 days before next rental period | §83.57 |
| Quarter-to-quarter | 30 days before next rental period | §83.57 |
| Year-to-year | 60 days before next rental period | §83.57 |
| Fixed-term lease | Cannot raise during term; new rate at renewal | §83.57 |
Exception: During a declared state of emergency, Florida’s price gouging statute (§501.160) may apply to rental housing. Landlords cannot charge unconscionable prices during an emergency period. This is temporary and situation-specific.
LeaseBase tracks compliance deadlines for your specific properties.
Try Free →Security Deposit Rules
Florida Statutes §83.49 governs security deposits. Unlike California or New York, Florida imposes no limit on the amount a landlord can charge. However, the rules for holding, notifying, and returning deposits are strict and heavily enforced.
Three Ways to Hold the Deposit
Option 1
Separate non-interest-bearing account in a Florida banking institution
Option 2
Separate interest-bearing account (tenant gets 75% of interest or 5% simple interest per year)
Option 3
Surety bond posted with the clerk of the circuit court for the total deposit amount
30-Day Notification Requirement
Within 30 days of receiving the deposit, the landlord must notify the tenant in writing of:
- The name and address of the banking institution where the deposit is held
- Whether the account is interest-bearing or non-interest-bearing
- If a surety bond is posted, the bond details
Penalty: Failure to give this notice within 30 days does not automatically forfeit the deposit, but it weakens the landlord’s position in any dispute and may constitute a violation of the statute. Courts view non-compliance unfavorably.
For detailed deposit return timelines, holding options, and penalties, see the full Florida Security Deposit Laws Guide.
Eviction Overview
Florida’s eviction process is governed by §§83.56–83.625. The state is considered landlord-favorable with relatively fast timelines compared to states like California or New York.
| Notice Type | Period | When Used |
|---|---|---|
| 3-Day Notice to Pay | 3 business days | Nonpayment of rent (excludes weekends/holidays) |
| 7-Day Notice to Cure | 7 days | Lease violation that can be corrected |
| 7-Day Unconditional Quit | 7 days | Repeated violations or irreparable breach |
| 15-Day Termination | 15 days | Month-to-month tenancy termination |
Typical timeline: Uncontested evictions take approximately 30 days from notice to writ of possession. Contested evictions with a court hearing can take 60–90 days. Total cost ranges from $1,000 to $5,000 depending on complexity and attorney fees.
For the full step-by-step process, costs, and timeline, see the Florida Eviction Process Guide.
Required Disclosures
Florida requires landlords to provide specific disclosures before or at the start of the tenancy. Missing any of these can void lease provisions, trigger penalties, or weaken your position in court.
Disclosure 1
Radon Gas (§404.056(5))
Every residential lease must include a specific radon gas disclosure statement. The exact language is prescribed by statute: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks…” This applies to every rental in Florida, regardless of radon levels.
Disclosure 2
Lead-Based Paint (Federal, Pre-1978)
For properties built before 1978, federal law (42 U.S.C. §4852d) requires landlords to disclose known lead-based paint hazards, provide an EPA pamphlet, and allow a 10-day inspection period. This is a federal requirement that applies in all states.
Disclosure 3
Security Deposit Account Info (§83.49(2))
Within 30 days of receiving a security deposit, the landlord must notify the tenant in writing of the bank name, address, and whether the account is interest-bearing or non-interest-bearing. If using a surety bond, the bond details must be disclosed. This is unique to Florida.
Disclosure 4
Landlord’s Identity (§83.50)
The lease must disclose the name and address of the landlord or the landlord’s authorized agent. If the landlord is a corporation, the registered agent must be disclosed. This person is designated for service of process and receiving notices.
Repair Obligations (§83.51)
Florida Statutes §83.51 establishes the landlord’s duty to maintain the rental property. The landlord must comply with applicable building, housing, and health codes, and must maintain the following in good repair:
- Structural components: roofs, walls, floors, foundations, stairs, doors, windows
- Plumbing: reasonable working condition, hot water
- Heating/cooling: if provided, must be maintained
- Common areas: clean, safe, and sanitary
- Pest control: landlord’s responsibility unless single-family home (can be assigned to tenant)
- Locks and keys: functioning locks on all exterior doors and windows
- Garbage removal: unless single-family home
- Smoke detectors: must be installed and working at move-in
Tenant Remedies for Non-Repair
If the landlord fails to make necessary repairs, the tenant must give 7 days’ written notice (§83.56(1)) specifying the issue. If the landlord does not begin repairs within 7 days, the tenant may:
- Terminate the lease and move out
- Withhold rent (if the issue materially affects health or safety)
- File a complaint with local code enforcement
Note: Florida does NOT allow “repair and deduct” (where the tenant pays for repairs and deducts from rent). The tenant’s options are to withhold rent, terminate the lease, or pursue legal action — not to hire contractors and bill the landlord.
Lease Requirements
Florida does not require a written lease for tenancies of one year or less. However, a written lease is strongly recommended and must comply with the following rules if used:
- Radon disclosure: Must be included in every written lease (exact statutory language)
- Landlord identity: Name and address of landlord or authorized agent (§83.50)
- No prohibited provisions: A lease cannot waive the tenant’s rights under Chapter 83 or the landlord’s obligations (§83.47)
- Late fees: Must be “reasonable” — no specific statutory cap, but courts may invalidate excessive fees
- Attorney’s fees: If the lease includes an attorney’s fees clause, it must be reciprocal (applies to both parties) under §83.48
Oral month-to-month agreements are common and fully enforceable. The statutory notice periods (§83.57) apply to all tenancies, whether written or oral.
Frequently Asked Questions
Can Florida cities pass their own rent control laws?
No. Florida Statutes §166.043 explicitly preempts all local rent control ordinances. No city or county in Florida can impose rent caps, rent stabilization, or mandatory just-cause eviction requirements. This preemption has been in place since 1977 and has survived multiple legislative challenges.
How much notice do I need to give before entering a tenant’s unit?
Florida Statutes §83.53 requires a minimum of 12 hours’ notice before entering a tenant’s unit, and entry must occur at a “reasonable time.” Entry is permitted for inspections, repairs, showing the unit to prospective tenants or buyers, and emergencies. No notice is required for genuine emergencies.
Is Florida a good state for landlords?
Florida is widely considered one of the most landlord-favorable states in the U.S. There is no rent control, no statutory cap on security deposits, the eviction process is relatively fast (~30 days uncontested), and the state preempts local governments from adding additional landlord regulations. However, landlords must still comply with deposit notification requirements, radon disclosures, and maintenance obligations.
Written by Rachid Abadli
Sacramento-based landlord and founder of LeaseBase
This guide is based on Florida Statutes Chapter 83, Part II (Residential Tenancies), §166.043 (rent control preemption), §404.056 (radon disclosure), and related statutory provisions. Last verified against the Florida Legislature database on August 4, 2026.
Florida Landlord Resources
Florida Eviction Process
Step-by-step eviction timeline, costs ($1K-$5K), and court procedures.
Read the guide →FL Security Deposit Laws
Return rules, holding requirements, 15/30-day timeline, and penalties.
Read the guide →FL Eviction Notice Templates
Free 3-day, 7-day, and 15-day notice templates with copy buttons.
Get templates →Florida Landlord-Tenant FAQ
20 answers covering rent, deposits, eviction, repairs, and tenant rights.
Read FAQ →Security Deposit Calculator
Calculate your return deadline and penalty exposure for any state.
Calculate now →Compliance Engine
Automated compliance checks for deposits, notices, and deadlines.
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This guide is for informational purposes only and does not constitute legal advice. Florida landlord-tenant laws change periodically. Consult a qualified Florida real estate attorney for guidance on your specific situation.